Since each count of a complaint is ordinarily a separate statement of a claim and the sufficiency of each claim is to be determined by its content alone, HPI Health Care Services, Inc. v. Mt. Vernon Hosp. Inc., 131 Ill. 2d 145, 160, 545 N.E.2d 672, 678, 137 Ill. Dec. 19 (1989), we shall consider whether Rice's allegations in each count are sufficient to establish a basis for personal jurisdiction over Christopher as to that count.

In this count, Rice claims that Christopher defamed him because the statements in the memorandum of termination to Rice -- that his employment was terminated for insubordination and poor judgment -- were false and were maliciously communicated by Christopher to persons other than Rice. Christopher again argues that the fiduciary shield defense bars jurisdiction of this claim.

Finally, Rice claims that Christopher intentionally interfered with Rice's employment relationship with NOVA in Illinois because Christopher intentionally and without jurisdiction induced NOVA to terminate its employment relationship with Rice by causing Rice to receive unfounded disciplinary notices and by making it appear that Mr. Rice was a problem employee whose employment should be terminated, when in fact Rice's performance was not deficient and he had simply filed his workers' compensation claims. In this count, Rice makes the specific allegation that Christopher acted to further his own goals of retaliation against Rice, and were contrary to the best interests of NOVA, which, through Christopher's actions, lost the services of a long-standing employee with an excellent service record.

On these allegations, the fiduciary shield doctrine provides no defense to personal jurisdiction over nonresident supervisors who, when acting for their personal rather than their corporate employer's interest, interfere with an employee's contractual relations with the corporation by wrongfully terminating him in Illinois. LaScola, 1988 U.S. Dist. LEXlS 1929. In LaScola, the court concluded that nonresident supervisors committed a tortious act in Illinois based on the discharged employee's allegations that his supervisors were acting "from personal interests both financial and otherwise which were contrary to the interests of their corporate employer," and thereby interfered with his employment relationship by wrongfully terminating him in Illinois. Id. Similarly, Christopher's alleged actions resulting in a wrongful termination in Illinois constituted "the commission of a tortious act within Illinois" under the Illinois long-arm statute. Ill. Rev. Stat. ch. 110, § 2-209(a)(2).

The exercise of personal jurisdiction over Christopher on this count also meets the requirements of due process. The "constitutional touchstone" in the due process analysis is "whether the defendant purposely established minimum contacts in the forum state." FMC Corp., 892 F.2d at 1313 (quoting Burger King Corp v. Rudzewicz, 471 U.S. 462, 474, 105 S. Ct. 2174, 2183, 85 L. Ed. 2d 528 (1985)). The notion of "foreseeability" relevant in determining whether minimum contacts exist is not the foreseeability of causing injury in another state but rather the foreseeability that "the defendant's conduct and connection with the forum State are such that he should reasonably anticipate being haled into court there." Id. In FMC Corp., for example, the court held that the defendant should have foreseen that she could be required to answer for her actions in Illinois because she sent telecommunications to FMC's Chicago office to effectuate her scheme to defraud the company. Id. at 1313; see also Club Assistance Program, Inc. v. Zukerman, 594 F. Supp. 341, 346-47 (N.D.Ill. 1984) (a defendant's mailing, telephone calls, or causing mailing of messages from another state to a plaintiff in Illinois have been held to satisfy the requirements of due process and the Illinois long-arm statute for the exercise of personal jurisdiction if the defendant intends to affect Illinois interests and intends to communicate his message to Illinois).

Once the defendant is before the court, it matters little, from the point of view of procedural due process, that he has become subject to the court's ultimate judgment as a result of territorial or extra-territorial process. Looked at from this standpoint, the issue is not one of territorial in personam jurisdiction -- that has already been answered by the statute -- but of subject matter jurisdiction. It is merely an aspect of the basic pendent jurisdiction problem.

484 F.2d at 555.

Such reasoning applies with equal, or perhaps even greater, force in this case. Since the first two counts are substantially interrelated to Count III and Christopher is already properly before us on Count III, from the standpoint of fundamental fairness as to contacts with and convenience of the forum, Christopher loses nothing by being subject to our judgment on the other two counts. And since subject matter jurisdiction over each of the counts is based on diversity, we do not face the additional and more abstract problem, nevertheless overcome in cases such as Robinson, as to the propriety of exercising pendent subject matter jurisdiction, particularly over claims as to which personal jurisdiction is also lacking. Accordingly, we do not believe the circumstances of this case warrant the dismissal of Counts I and II for lack of personal jurisdiction.

III. Conclusion

For the reasons set forth above, Defendant Christopher's Rule 12(b)(2) motion is denied as to Count III. We make no finding as to whether the complaint properly states a claim against Christopher. The denial of the motion, however, will be without prejudice to Christopher's right to raise it again under Rule 56, should discovery prove that his contacts with this forum with respect to Count III were much less significant than suggested by Rice's complaint. It is so ordered.

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